KANABHAI BHIKHABHAI CHAVDAversusSTATE OF GUJARAT

    C/SCA/1697/2026                             ORDER DATED: 10/02/2026




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

            R/SPECIAL CIVIL APPLICATION NO. 1697 of 2026

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                      KANABHAI BHIKHABHAI CHAVDA
                                 Versus
                        STATE OF GUJARAT & ORS.
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Appearance:
MR HARDIK D MUCHHALA(5634) for the Petitioner(s) No. 1
MR HENIL SHAH AGP for the Respondent(s) No. 1,2,3,4
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 CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI

                            Date : 10/02/2026

                             ORAL ORDER


1. Heard learned Advocate Mr. Hardik D. Muchhala on behalf
of the petitioner and learned Assistant Government Pleader on
behalf of the respondents – State.


2. Rule, returnable forthwith. Learned Assistant Government
Pleader waives service of rule on behalf of the respondent –
State.


3. By way of this petition, the petitioner inter alia challenges
the inaction on part of the respondents, more particularly, the
Scrutiny Committee of not verifying the caste certificate issued
in favour of the petitioner, which has led to the petitioner,
who is selected for the post of Lokrakshak (Police Constable) –
Class 3, but, not getting appointment.


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    C/SCA/1697/2026                                ORDER DATED: 10/02/2026




4. Learned Advocate Mr. Hardik D. Muchhala would draw the
attention of this Court to an order of learned Co- ordinate
Bench dated 26.07.2021 which has been confirmed by Hon’ble
Division Bench vide an order dated 25.11.2021 and whereas
learned Advocate would submit that in a similar scenario,
since the Scrutiny Committee had not verified the caste
certificate within reasonable time, the learned Co-ordinate
Bench was pleased to direct the respondent authorities to give
provisional      appointment   to   the      petitioner    therein       more
particularly within a period of two months from the date of
receipt of writ of the Court and whereas it was also clarified
that if the caste certificate of the petitioner was found not to
be genuine, the petitioner would not be entitled to benefit of
provisional appointment. It was further clarified that if the
caste certificate was found genuine it will be open for the
petitioner to claim actual appointment from the date his
juniors were appointed and also continuity of service and other
benefits.


4.1. Learned Advocate Mr. Hardik D. Muchhala would also
draw the attention of this Court to order dated 25.11.2021
passed by Hon’ble Division Bench in Letters Patent Appeal No.
984 of 2021 whereby the above-referred order of learned Co-
ordinate Bench had been challenged and whereas vide said


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     C/SCA/1697/2026                                ORDER DATED: 10/02/2026




order, the Hon’ble Court had also rejected the challenge,
confirming the order of the Hon’ble Division Bench. Learned
Advocate Mr. Hardik D. Muchhala would submit that since the
issue in question in the petition before the Hon’ble Co-ordinate
Bench and the subject in issue in the present petition being the
same, this Court may pass similar order in this petition also.


5. Learned Assistant Government Pleader for the respondents,
while could not dispute the fact about orders being passed by
the learned Co-ordinate Bench and whereas, the same being
confirmed by the Hon’ble Division Bench, and would submit
that the State is contemplating to have a comprehensive
exercise more particularly considering the fact that certain
aspects of the issue in dispute are pending before the Hon’ble
Division Bench. She would further submit that in any case, if,
similar orders were to be passed then some more time may be
granted to the Government.


6.   Having       regard   to   the   submissions    made       by    learned
Advocates for the parties, in the considered opinion of this
Court, order dated 26.07.2021 passed by learned Co- ordinate
Bench in Special Civil Application No. 1858 of 2021 confirmed
by Hon’ble Division Bench was passed in similar set of facts
and therefore the decision would be binding on this Court and


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     C/SCA/1697/2026                                   ORDER DATED: 10/02/2026




whereas judicial propriety demands that this Court should also
follow the same view as laid down by learned Co-ordinate
Bench confirmed by Hon’ble Division Bench.


7. Having regard to the same, it is directed that the
respondents        shall     give    provisional     appointment         to      the
petitioner, to the post of Lokrakshak (Police Constable) – Class
3,   subject      to   the   final   decision      taken   by    the    Scrutiny
Committee. Such order shall be issued by the respondents
within a period of four months from the date of receipt of writ
of this order.


8. It is clarified that in case the Scrutiny Committee comes to
a conclusion before the period of four months that the caste
certificate produced by the petitioner was not genuine then the
respondents are not required to give provisional appointment
to the present petitioner. In this regard that it is further
clarified that before finally deciding as to the genuineness of
the caste certificate, all procedure as contemplated under the
law shall be followed by the respondents.


8.1 It is further clarified that in case the Scrutiny Committee
does not take any decision as regards the genuineness of the
caste certificate then provisional appointments shall be issued


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      C/SCA/1697/2026                                  ORDER DATED: 10/02/2026




to the petitioner on the post referred to herein above and
whereas, after the Scrutiny Committee comes to a conclusion,
as regards the veracity and genuineness of the caste certificate
of the petitioner then; (A) in case if the caste certificate is not
found to be genuine, it would be for the respondents to
forthwith terminate the services of the petitioner or not to
further     extend      provisional     appointment,     (B)    if   the     caste
certificate is found to be genuine, then, it will be open for the
petitioner to claim seniority and all other benefits including,
but not limited to, continuity of service etc., as would be
available to the petitioner from the date, when juniors to the
present petitioner had been appointed to the post in question.


9. With the aforesaid directions, present petition standsdisposed
of.


9.1. The petitioner is directed to cooperate with the process of
scrutiny of the documents by producing original documents, as
and when called by the Scrutiny Committee.


9.1.1. Learned Advocate, Mr. Muchhala, submitted that the
petitioner will cooperate with the Scrutiny Committee in the
aforesaid exercise, but, the petitioner may be informed about
the date and time, on which to appear before the Scrutiny


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           C/SCA/1697/2026                                                                 ORDER DATED: 10/02/2026




  Committee in advance, by way of speed post, which shall be
  done by the Committee. Rule is made absolute to the above
  extent. Direct service is permitted.



                                                                                               (NIRZAR S. DESAI,J)
  BHAVIN MEHTA




Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: BHAVINKUMAR DEVENDRABHAI MEHTA(HCW0108), ENGLISH STENOGRAPHER GRADE I, at High Court of Gujarat on 10/02/2026 17:44:52




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